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Category Archives: Elder Law

Incapacity Planning

In many ways, planning for incapacity can be even more challenging than planning for end of life.  More so than contemplating death, it is difficult to think about a time when we are alive but unable to communicate our thoughts and wishes to our loved ones.  Unfortunately many people will become incapacitated before they pass […]

Revocable Trusts

The probate process can be long and costly, but is there a way it can be avoided? Revocable living trusts are often touted as a convenient way to avoid probate.  The following are some basics about what they are and how they work: What is a revocable trust? A trust is a legal entity through […]

Bed Sores: A Possible Sign of Nursing Home Neglect

When you entrust the well-being of your loved one to a nursing home, you expect a high standard of care and attention. One sign that your loved one may be neglected is the presence of bed sores (also known as pressure sores and pressure ulcers) on their body. The Centers for Disease Control and Prevention […]

Elder Abuse: Joanne’s Story

Joanne’s story is one of many examples of how elder abuse and financial exploitation of the elderly can occur. Like many crimes that involve people in isolation, embarrassment prevents elder abuse from being reported to authorities.

Like Joanne’s story, most of the perpetrators of elder abuse are not strangers. Elder victimization can involve people known to the victim, which is why it often remains hidden. Financial exploitation of older people has emerged as a common and difficult issue because the elderly are more vulnerable due to medical needs, diminished mental capacity and often times they have more financial resources to exploit.

Long-Term Care Insurance

Prior posts have included a discussion about the proactive approach of addressing elder law issues. In particular, the legal documents that are necessary to appropriately plan for the future have been highlighted. Today, the last document of the four, the long-term care insurance (LTCI) policy will be introduced. With nursing home care costs soaring, it […]

Obtaining a Guardianship

Shortly after Elizabeth and her husband Glenn celebrated their 45th wedding anniversary, she was diagnosed with Alzheimer’s disease. Glenn described the changes he saw in Elizabeth before her diagnosis, “I’d noticed changes three or four years before she was diagnosed, but it’s hard to pin down when exactly it started because it began so subtly… it was just the little things here and there at first.”

When Does a Power of Attorney Become Effective and When Does it Terminate?

In recent posts, considerable time has been spent discussing the importance of a power of attorney. At this point, many of you might be asking several questions. When does a power of attorney become effective? When does it terminate? Can the principal modify the power of attorney? The important matter to keep in mind here […]

Selecting an Agent Under a Financial Power of Attorney

In the last post, the importance and nature of the power of attorney was highlighted. The principal gives the legal authority to the agent to make decisions on his or her behalf. This post focuses on selecting the agent. Make no mistake about it; selecting an agent is a very serious matter. After all, you […]

Types of Powers of Attorney

In the previous posts, the different approaches to elder law were discussed. The most advantageous approach, the proactive approach, includes the preparation of several important documents. Foremost, among those documents, are Powers of Attorney. In the Commonwealth of Pennsylvania, the law provides for two types of powers of attorney: Financial Powers of Attorney; and Health […]

The Different Approaches to Elder Law Issues: Proactive v. Reactive

As discussed in an earlier post, more and more families are facing difficult legal and financial issues affecting their aging family members. Fortunately, elder law attorneys have focused their legal practice to specifically serve seniors and their families facing these challenges. Typically, there are two ways to approach the legal hurdles of seniors today. The […]